General Conditions of Carriage

Article 1 – Scope of Application

These General Conditions of Carriage apply to passenger, vehicle, and goods transport services provided by VAEARA’I, a simplified joint-stock company (société par actions simplifiée) with a share capital of XPF 5,000,000, whose registered office is located at Motu Uta, BP 9070 – 98715 Papeete, registered with the Papeete Trade and Companies Register under number 18 70 B (Tahiti No. C 72341), for the benefit of passengers or principals ordering the transport of goods (hereinafter referred to as the “Client(s)”).
The purchase of a transport ticket or any service from the Company implies the Client’s full and unconditional acceptance of these General Conditions of Carriage.
The contractual relationship with the Client is governed by the laws and regulations, as well as the international conventions applicable in French Polynesia, subject to these General Conditions of Carriage, which shall prevail over any non-mandatory provisions.

Article 2 – Passenger Transport

The Client is required to retain their transport ticket throughout the entire crossing and must be able to produce it at any time upon request. Failing this, the Client shall be charged by the Company an amount equivalent to the cost of a transport ticket on the date of the crossing, with no possibility of discount.
The Client remains solely responsible for the supervision of their personal belongings. Accordingly, the Company shall not be held liable in the event of loss, theft, or damage thereto.
Each Client is authorized to carry on board one item of luggage weighing no more than 10 kg free of charge, provided that such luggage is not bulky and that the Client is able to move independently without mechanical assistance and without hindering the movement or evacuation of other passengers. Otherwise, the luggage must be transported as freight at the applicable tariff.
The transport of flammable, explosive, or dangerous goods, such as weapons, fireworks, fuel, or gas cylinders, is strictly prohibited.
If the Client does not have a vehicle, they must board and disembark the vessel using the access gangways or the access route indicated by the Company’s personnel.
The Client must present themselves at least thirty (30) minutes prior to the scheduled departure time and shall board subject to seat availability.
The Company reserves the right to refuse boarding to any person whose behavior or physical or mental condition is inappropriate or likely to compromise the safety, health, or comfort of other passengers or Company personnel, including but not limited to aggressive or violent behavior, obvious intoxication, or indecent attire. In such cases, no refund of the transport ticket may be claimed.
Minor passengers must remain under the constant supervision of their parents or any accompanying person who is responsible for them.
By boarding the vessel, the Client declares themselves fit to undertake the crossing and waives any claim against the Company in relation to their state of health. The Company reserves the right to refuse boarding to any person whose health condition requires medical assistance not available on board.
In order to facilitate boarding, passengers with reduced mobility must report to Company personnel at least forty-five (45) minutes prior to the scheduled departure time. If they are unable to comply with safety instructions and ensure their own evacuation, they must be accompanied by a safety assistant.
In accordance with applicable regulations, smoking is strictly prohibited on board the vessel, including the use of electronic cigarettes.

Article 3 – Transport of Goods or Freight

The Client undertakes to deliver, or have delivered, only goods that are properly packaged so as to ensure their safety and suitability for maritime transport. Failing this, the Company reserves the right to refuse the transport of such goods.
In all cases, goods are transported at the sole risk of their owner or shipper, who may take out all-risk insurance coverage. The Client shall be solely responsible for any loss of or damage to the goods, unless such loss or damage is attributable to a proven fault of the Company or its personnel.
The Client is solely responsible for the nature of the goods transported and guarantees that they comply with applicable regulations. Failing this, the Client shall bear sole responsibility for any fines, penalties, or sanctions imposed by the competent authorities.
Goods must be clearly labeled with visible markings indicating their nature, the name, address, and contact details of the freight recipient, and whether or not the goods are fragile. Upon arrival of the vessel, the Client is responsible for taking delivery of the freight. Failing collection, the goods shall be returned to the port of departure, with any additional costs incurred by the Company for such transport borne by the Client.
The Client expressly grants the Company a contractual lien over the goods entrusted for transport as security for the payment of any sums owed to the Company. In this respect, the Company shall have a right of retention over the transported goods.
Departure and arrival dates are provided by the Company for information purposes only. No compensation for late delivery may be claimed unless the Company has expressly undertaken to meet a specific delivery deadline.

Article 4 – Vehicle Transport

The Company does not provide vehicle supervision or guarding services. The Client remains solely responsible for any theft, damage, or loss occurring in or to their vehicle throughout the crossing, as well as during embarkation and disembarkation. Before leaving their vehicle, the Client must lock it, apply the handbrake, and engage a gear.
The Client shall be solely responsible for any damage caused by their vehicle to other vehicles, goods, or passengers on board. In this respect, the Client shall indemnify and hold the Company harmless against any claims brought against it on this ground.
The Client must present themselves with their vehicle at least thirty (30) minutes prior to the scheduled departure time.
Only the driver is authorized to remain in the vehicle during embarkation. Other passengers must board the vessel via the designated gangways or access routes indicated by Company personnel.
Upon embarkation, the vehicle must comply with the technical characteristics specified on the vehicle transport ticket. Otherwise, in order to board, the Client must pay any applicable fare supplement and the costs associated with modifying the transport ticket.
The Client must park their vehicle in the space assigned by the Company personnel responsible for traffic control on the day of embarkation.
It is strictly prohibited to remain in or access a vehicle during the crossing.
The vehicle engine must remain switched off for the entire duration of the crossing.
At the end of the crossing, drivers and passengers will be invited to return to their vehicles to disembark.

Article 5 – Transport of Animals

The transport of live animals is permitted in compliance with applicable regulations.
Live animals must be transported in a cage appropriate to their size and build. It is prohibited to leave the animal’s cage inside a vehicle transported by the vessel, as vehicles are not supervised and access to them is prohibited throughout the crossing.
The transported animal remains under the constant supervision and responsibility of its owner, who shall be liable for any damage or disturbance caused by the animal. For passenger comfort, animals are prohibited from entering enclosed areas of the vessel.
Guide dogs used by blind or visually impaired persons are permitted to access all public areas of the vessel in the presence of their handler.

Article 6 – Purchase Conditions – Transport Tickets – Freight Transport
When purchasing any transport service, the Client must provide their identity and contact details (telephone number and email address) to enable the Company to contact them if necessary.
For the purchase of a vehicle transport ticket, the Client must present the vehicle registration certificate, which will be used to determine the applicable fare. The driver must also be in possession of the vehicle registration certificate at the time of embarkation to allow Company personnel to verify the vehicle’s compliance with the transport ticket.

Article 7 – Use of Transport Tickets – Validity Period

Transport tickets may only be used for the service for which they were issued, in accordance with the characteristics specified at the time of purchase. In the event of a discrepancy between the actual situation of the passenger or vehicle on the date of embarkation and the service purchased, the Client must pay any applicable fare supplement in order to board. Failing this, the Company may refuse boarding, and no refund may be claimed.
The transport ticket is valid for the period indicated thereon. If no validity period is specified, the ticket shall be valid for one (1) year. After expiry, the ticket shall neither be refunded nor exchanged.

Article 8 – Transport Conditions

The Company reserves the right to substitute any vessel for the one initially announced for departure, without entitling the Client to an exchange or refund. The Company also reserves the right to substitute the vessel of another carrier, in which case the general conditions of that carrier shall apply to the exclusion of these conditions.

Article 9 – Cancellation – Refund – Force Majeure

The Company may, at any time and without prior notice, decide not to perform a transport service or to refuse boarding of all or part of the passengers, vehicles, or freight, provided that it can justify a reason related to safety, health, or security of passengers and personnel, or to the preservation of the vessel’s integrity (adverse weather conditions, insufficient staffing, technical issues such as engine failure, health restrictions, etc.).
The Company may also decide, no later than three (3) days prior to the scheduled journey, to cancel or modify crossing dates and times without having to justify any reason.
If transport is rendered impossible due to force majeure, the Company shall not be obliged to perform the transport, and the Client may request a refund of the transport ticket.
In all cases, the Company shall offer the Client an alternative transport date and/or time. In the absence of agreement, a refund of the cost of the service shall be issued at the Client’s request. The Client may not hold the Company liable for any loss resulting from the cancellation or modification of the transport date and/or time. Any additional expenses incurred by the Client (transport, meals, accommodation, etc.) shall remain entirely at the Client’s expense.
Furthermore, the Company shall not be held liable for losses or damage suffered by the Client due to weather conditions, breakdown, shipwreck, collision, change of route, quarantine, fire, acts of war or piracy, accident or perils of the sea, force majeure events, or strikes affecting the Company or third parties.
Until the vessel’s departure, the Client may exchange their transport ticket for another date and/or time, subject to availability and to the opening of the Company’s ticket offices and/or the availability of the Company’s website.

Article 10 – Client Obligations

The Client undertakes to comply with these General Conditions of Carriage and all rules applicable on board the vessel, including any instructions issued by the vessel’s captain or Company personnel.
The Client undertakes to respect the peace and quiet of other passengers. In particular, the playing of music by any means whatsoever (portable speakers, radios, etc.) is prohibited.
In the event of non-compliance with these conditions, the Company reserves the right to deny access to the vessel or to disembark the Client and their vehicle, without any entitlement to a refund. The Company may also refuse to transport the Client and their vehicle in the future, without prejudice to any damages the Company may claim in compensation for losses suffered.
The Client shall be responsible for all direct and indirect damage caused by their behavior or by the animal under their care and shall indemnify the Company for all costs incurred due to the vessel’s stoppage and/or diversion in order to disembark them.

Article 11 – Company Obligations

The Company undertakes to transport the Client, as well as their vehicle and/or goods.
The Company also undertakes to comply with applicable regulations relating to rescue, towing, and assistance at sea. Accordingly, the Company may tow or assist vessels in all situations, divert course, and carry out any rescue operations at sea. The Client waives any claim or recourse against the Company in this respect.

Article 12 – Limitation of Liability

In all circumstances, the Company’s liability toward the Client shall be limited to the purchase price of the transport ticket or, in the case of freight, to the cost of transporting the goods.

Article 13 – Applicable Law and Disputes

The contractual relationship between the Company and the Client shall be governed by the laws in force in French Polynesia.
Any dispute relating to the interpretation or performance of these General Conditions of Carriage shall fall within the jurisdiction of the competent courts under the Court of Appeal of Papeete.